the houses are in NYC. My grandmother left the houses to three daughters and left money to the others. They are going against the will. The judge appointment an executor to a lawyer. My rent is 1100 but the market value is 1500 can the executor raise my rent. When will the will be read?
Do you have a written lease? Do you have access to a copy of the will? It is impossible to answer your question without more details. You should consult in person with a local probate attorney.
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Dear New York Tenant:
The big issue you need to address is the "they are going against the will." The Surrogate Court Judge would approve the executor named by your grandmother in her will, unless for some reason the executor did not qualify. If you do not have a lease, the executor may treat you as any NY landlord may treat a month to month tenant. If you have a lease, the rent cannot usually increase during the lease term but the executor may make a motion in Surrogate's court to nullify the lease as a sweet heart lease. That is very hard to establish. How did you determine the market value?
I have forty years experience in the specialty of Housing Law and Tenant's Rights advocacy. The answer I provided to you does not create an attorney and client relation. You are free to check my office contact information at my AVVO profile. The answer offered is in the nature of general information, and should not be considered as tailored legal advice. I offer answers as a service to the community with my firm belief that you should try gain a good outcome for your legal issue and to avoid a bad outcome if you can.
An executor who has power over real property has the right to seek fair market rent
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